Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 19, 2015
The Firm
201-896-4100 info@sh-law.comSource: http://www.classroominthefuture.com/10-ways-to-use-youtube/
YouTube star Michelle Phan recently reached a settlement with a record label following her use of certain songs in her music videos. She had used songs from artists Kaskade, Deadmau5 and Calvin Harris – all signed to Ultra Records, according to the Hollywood Reporter. Phan has a number of endorsement contracts with companies such as Endemol, L’Oreal Cosmetics and Dr. Pepper, and thus, profits from the videos that she posts to YouTube.
Ultra claimed that Phan received millions of dollars from her videos that used music produced by artists on its label, according to the news outlet. Phan, however, asserted that she had received permission to use the music. She explained that she had market power, and that record labels wanted her to use their music to promote their artists to her legion of fans.
Phan and Ultra ultimately reached a settlement in their legal dispute – though the terms have not been released. However, it is important that other entertainers note that star power and a collection of valuable fans does not make the use of copyrighted music in productions such as YouTube videos all right.
In general, it isn’t OK to use an artist’s music in a YouTube video, or any other sort of promotional fare, unless the work is in the public domain or the owner has given permission, ReelSEO explained. One exception is royalty free music, which isn’t in the public domain, but can be used freely. For example, Kevin MacLeod runs Incompetech, a website that offers royalty free music for use. ReelSEO actually noted a number of websites that offer royalty free music downloads:
YouTube runs a copyright tracking system called ContentID to detect unlicensed use of certain works such as the songs used by Phan in her YouTube videos. Entertainers who utilize YouTube should be wary of violating any copyrights with their background music, or use of any other sort of copyrighted work.
Even if a YouTube video isn’t monetized, there’s still a chance that the owner of a song used could force a takedown of the video, ReelSEO explained. This is a reason why it is always important to seek out a license if an entertainer does intend to use potentially copyrighted music in his or her YouTube videos.
Additionally, some YouTube users attempt to diffuse their potential copyright violations by including blurbs in video descriptions that take care to acknowledge the owner of the song and note that there was never any intent of copyright violation. This, however, is not a legal protection, and if the owner of a certain song decides to take action, he or she likely has every right.
To learn more about copyright law, and the use of certain songs or other works in YouTube videos, contact a well-informed lawyer on entertainment law.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!